New York Jury Awards $4.6M to Welder with Mesothelioma Supreme Court of New York, New York County, August 18, 2017
The plaintiff, 75-year-old Thomas McGlynn, contracted mesothelioma on or about May 16, 2016 and filed suit in NYCAL on August 1, 2016 under Index No. 190219/16. The complaint alleged that McGlynn was exposed to asbestos while working as a shipfitter, laborer, and maintenance laborer at various locations in and around New York City. The plaintiff further alleged that McGlynn’s mesothelioma was caused by his occupational exposure to asbestos from work done on asbestos-containing valves manufactured by the defendant. Specifically, McGlynn testified that these valves were comprised of asbestos-containing gaskets, packing and insulation that he handled through his welding work in servicing and/or repairing boiler rooms on ships in and around New York City in the 1970s and 1980s.
On July 24, 2017, this case proceeded to trial, under Justice Martin Shulman of NYCAL, starting with jury selection . After eleven days of trial over about three weeks, on August 18, 2017, the NYCAL Jury awarded McGlynn $4.6 million in damages. The final number paid out will depend on certain set-offs under New York law along with a collateral source hearing as to McGlynn’s medical bills.